Oviedo City Zoning Code

(A)

Types of Accessory Structures. Accessory structures shall meet the setback requirements provided in Subsection 5.1.B(3) except as otherwise permitted in this section. Common accessory structures include:

(1)

Accessory pool, patio, or screen enclosure structure in Subsection 5.1.(C).

(2)

Other detached structures (pergolas, sheds, cabanas, gazebos, garages, etc.).

(3)

Fences and walls in Subsection 5.1.(D).

(4)

Mechanical, gas and plumbing equipment in Subsection 5.1.(E):

(a)

Roof-top equipment;

(b)

Ground-mounted equipment;

(c)

In-ground equipment.

(5)

Solar panels in Subsection 5.1.(E)(5).

(6)

Flags and flagpoles in Subsection 5.1.(G).

(7)

Boat docks in Subsection 5.1.(H).

(8)

Food trucks may be permitted as an accessory use to any nonresidential uses.

(9)

Accessory dwelling units in Section 5.10.

(B)

General Requirements.

(1)

Construction Timing. No accessory structure may be developed until after the start of construction of the principal use on the building site, and no accessory structure may be used unless the principal structure has been issued a certificate of occupancy or similar approval.

(2)

Size. Accessory structure shall not exceed the primary structure size. Accessory dwelling units will follow the size limitations per Section 5.10.

(3)

Location. Accessory structures shall be located in accordance with the following standards:

(a)

Same Building Site. Accessory uses and structures shall be located on the same building site as the associated principal use.

(b)

Relationship to Street Setbacks. Detached and enclosed garages and ADU(s) cannot be located in front of the principal structure, but they can be located on the side and behind the front façade of the principal structure, or to the rear, as long as they meet setback requirements and their appearance matches the principal structure. Sheds located to the rear of the principal structure are exempt from matching the appearance of the principal structure.

(c)

Minimum Setbacks from Rear Lot Line for Accessory Structures. Rear lot line setbacks are based on size and height of accessory structure as described in Table 5.1.1.

TABLE 5.1.1: REAR SETBACK REQUIREMENTS FOR DETACHED ACCESSORY
STRUCTURES

* For structures with multiple heights, the height of the tallest portion of the building shall determine the setback requirement. For structures with habitable space on the top such as a rooftop deck, the structure shall meet the setback for a structure greater than twelve (12) feet tall.

(d)

Breezeways Connecting Two (2) Structures. Both structures shall meet the principal structure setbacks, provided that the breezeway meets the following standards:

1.

Setbacks When Attached by a Breezeway for Detached Single-Family Residential.

i.

An accessory structure that meets the principal structure setbacks may be connected to the principal structure by a breezeway when all the following conditions are met:

a.

The breezeway is open-air, with no screened in or enclosed space; or

b.

The breezeway is screened in, enclosed, or air-conditioned.

(e)

Easements. Utility and drainage easements take precedence over the setback requirements outlined in this section.

(4)

Accessory Structure Design Requirements.

(a)

In the case of a corner lot, the detached structure shall be setback from the street-side property line no less than the minimum setback for the principal structure.

(C)

Accessory Pool, Patio or Screen Enclosure Structure Requirements. Accessory structures such as pools, patio decks and outdoor screen enclosure structures are permissible in residential districts in accordance with the following requirements:

(1)

Locational Requirements. Allowable locations of swimming pools, patios, and screen enclosures:

(a)

Accessory pool, patio and screen enclosures shall be located to the rear of the principal structure on residential lots. Accessory structures may be located to the side of the principal structure provided that they meet the principal structure setback.

(b)

No point of an accessory screen enclosure structure may exceed the height of the principal structure on a residential lot.

(2)

Minimum Setback Requirements.

(a)

Swimming pools, patios, and screen enclosure structures:

(i)

Five (5) feet from side, rear, and alley property lines, and for every one (1) foot that the screen enclosure is over twelve (12) feet in height they will be set back an additional one (1) foot. The screen enclosure shall not exceed the height of the principal structure;

(ii)

Fifteen (15) feet from street-side property lines;

(iii)

Ten (10) feet behind the front façade of the principal structure; and

(iv)

For setbacks from normal high-water line and wetlands refer to Article XV, Subsections 15.5(B)(1) and 15.4(B)(1-2).

(b)

Any portion of a screen enclosure that contains a solid roof consistent with the principal structure is subject to all setbacks for principal structures.

(c)

Accessory structures are not permitted to encroach on any easement unless otherwise authorized.

(D)

Fences and Walls.

(1)

Height and Setback Requirements.

(a)

Fences and walls shall have a maximum height of six (6) feet, unless otherwise specified below in this section.

(b)

Fences and walls located in the front yard/setback (excluding retaining and subdivision walls) shall have a maximum height of four (4) feet and shall observe a minimum setback of two (2) feet from the right-of-way.

(c)

Rear and side yard fences and walls shall have a minimum setback of zero (0).

(d)

In the case of corner lots, if the side of a principal structure faces a right-of-way, the walls and fences shall be subject to the following criteria:

(i)

Fences and walls with a maximum height of four (4) feet and a minimum setback of two (2) feet from the right-of-way.

(ii)

Fences and walls in excess of four (4) feet may observe a setback equal to one-half (1/2) of the applicable building setback.

(e)

Fence posts and wall posts shall not exceed a maximum height of twelve (12) inches over the fence or wall height.

(f)

The fence shall be located outside of the visibility triangle per the City's Engineering Standards Manual requirements and all easements.

(2)

Subdivision Wall-Facing ROW. If a subdivision wall faces a right-of-way, the subdivision shall provide a tract (common area) or easement with a minimum width of five (5) feet between the private property and the right-of-way in which the subdivision wall/fence will be built.

(3)

Material consistency. Fences and walls shall be constructed with materials that are consistent or complementary to the architecture of the development. Single-family detached lots and duplexes are exempt.

(4)

Permissible wall finishing materials. Permissible wall finishing materials include: stucco, masonry, brick, stone, and walls clad with substrate material intended to support living vegetation.

(5)

Permissible/prohibited fence materials. Permissible fence materials include wood, vinyl, anodized or powder coated aluminum and wrought iron. Materials such as barbed wire, razor wire and chain link are prohibited; except that chain link fences are allowed on single-family detached lots and duplexes.

(6)

Construction Temporary Mesh Fence Wraps.

(a)

Mesh fence wraps with graphics are allowed only on permitted construction temporary fences and shall not be considered signage.

(b)

Mesh fence wraps with graphics shall be immediately removed upon issuance of the certificate of occupancy for the project or within twenty-four (24) months of the installation of the mesh fence wrap, whichever is shorter.

(c)

Mesh fence wraps cannot exceed the height of the permitted fence.

(d)

Mesh fence wraps shall not impact the visibility triangle per FDOT requirements.

(E)

Mechanical, Gas, and Plumbing Equipment. The intent of this section is to ensure that mechanical equipment is located in areas that are not visible from public streets by pedestrians. Single-family detached lots and duplexes are exempt from this section, unless otherwise stated below.

(1)

Mechanical, gas, and plumbing equipment shall be placed on the roof, on the side, or in the rear of each building.

(2)

Roof-top equipment screening requirements.

(a)

Roof-top mechanical equipment shall be completely screened from all ground level views by a parapet wall or other architectural feature, which feature shall be architecturally integrated to the building.

(b)

The parapet screen height shall be at least one (1) foot higher than the mechanical equipment being screened. The applicant shall provide an elevation plan that demonstrates the equipment is not visible from the pedestrian view at one hundred (100) feet from the building. Additional screening shall be provided if the equipment is visible.

(c)

Structural screening shall be consistent with the architectural elements, materials, and colors of the principal structure. Whenever practicable, these areas and equipment shall be integrated into the main structure.

(3)

Ground-mounted equipment screening requirements.

(a)

Ground-mounted equipment shall not be visible from public rights-of-way, by pedestrians or adjacent residential properties.

(b)

Ground mounted equipment not included in Subsection (c) shall be located behind the primary façade of the principal structure.

(c)

Ground mounted equipment shall be located to the rear or side yards of single-family residential detached, duplex, multiplex, and townhomes and shall not be located between the building and the street.

(d)

Screening shall be provided at a minimum one-foot greater in height than the area/equipment being screened.

(e)

Structural screening shall be consistent with the architectural elements, materials, and colors of the principal structure. Whenever practicable, these areas and equipment shall be integrated into the main structure.

TABLE 5.1.2: GROUND-MOUNTED EQUIPMENT SETBACK REQUIREMENTS¹

¹ Equipment shall not be located within an easement.

² Corner lots shall meet the front building setback.

³ 3 foot side setback for corner lots.

(4)

In-Ground Equipment Requirements.

(a)

Equipment shall not be located within an easement;

(b)

Equipment shall adhere to Florida Building Code requirements; and

(c)

Equipment shall be a minimum of two (2) feet from the property line.

(F)

Solar Panels. Solar panels shall be permitted in residential, commercial, and office development to allow renewable energy generation consistent with the character of the building and the development.

(1)

Solar panels that are not integrated in the architecture of the façade or roof shall be hidden from sight.

(2)

Solar panels and photovoltaic elements that are integrated into the building architecture shall comply with the architecture articulation or roof modulation.

(G)

Service Areas. The intent of this section is to ensure that service areas, loading areas, refuse/recycling collection containers and dumpsters are located in areas that are not visible from public streets by pedestrians.

(1)

Exemptions. Single-family residential, duplex, multiplex, and townhome developments are exempted from this section.

(2)

Setbacks. The minimum rear and side setback to refuse/recycling collection containers shall be five (5) feet.

(3)

Screening. Screening requirements for refuse/recycling collection containers and dumpsters:

(a)

Refuse/recycling collection containers and dumpsters shall be structurally screened.

(b)

Screening shall be a minimum one (1) foot greater in height than the element being screened.

(c)

Structural screening shall be consistent with the architectural elements, materials, and colors of the principal structure.

(d)

Refuse/recycling containers and roll-off compactors shall be opaquely screened from view from public streets and adjacent properties to a height of at least six (6) feet, or six (6) inches higher than the height of the container (whichever is higher). This screening may be achieved by walls, landscaping or buffer yards, or by virtue of the location of the container on the building site.

(H)

Flags and Flagpoles.

(1)

Property assigned a zoning district for any use other than single-family residential may, without being issued a sign permit or any other permit except for a building permit for the flagpole(s), locate up to three (3) flagpoles per site, provided that a building permit for each flagpole is issued by the City, and the construction of each flagpole occurs as permitted. A site which is assigned the public future land use designation may be approved for additional flagpoles and the display of additional flags upon the issuance of a development order by the City Council which may include conditions relating to the temporary display of flags which do not comply with the flagpole structural requirements set forth in this section.

(2)

The maximum height for any flagpole is thirty-five (35) feet. Under no circumstances shall a flagpole be constructed or permitted to be constructed which is higher than thirty-five (35) feet.

(3)

The minimum height for any flagpole is twenty (20) feet and a maximum of ten (10) feet above the highest part of the structural roof. The flagpole shall not be mounted on or supported by the roof unless approved during site plan process or a non-statutory development agreement is approved by the City Council.

(4)

Flag sizes shall not exceed:

(a)

Four (4) feet in width by six (6) feet in length on a flagpole twenty (20) to twenty-five (25) feet in height.

(b)

Five (5) feet in width by eight (8) feet in length on a flagpole twenty-five (25) to thirty (30) feet in height.

(c)

Six (6) feet in width by ten (10) feet in length on a flagpole thirty (30) to thirty-five (35) feet in height.

(5)

If a flagpole is constructed with a base, the base shall be constructed with materials that match the architectural style and materials as if a base for a sign were being permitted.

(6)

Flags shall be flown and displayed on a flagpole.

(I)

Boat Docks. All boat docks shall be constructed in compliance with applicable building codes and according to the following dimensional and use regulations:

(1)

The maximum area of a boat dock, including boat house and terminal platform, shall be six hundred (600) square feet. The roof of the boat dock shall have a minimum slope of 2.5:12 (rise: run), shall not exceed the dimensions of the boat dock by more than three (3) feet on any side.

(2)

Boat docks shall extend waterward a maximum length of forty (40) feet as measured at a right angle from the shoreline. A waterward distance greater than forty (40) feet shall be approved by the Land Use Administrator or designee, and shall be approved only if written documentation demonstrates that the additional distance is necessary to accommodate motorized watercraft and minimize the impact to the lake, shoreline, wetlands and littoral vegetation.

(3)

Boat docks shall have a minimum side yard setback of ten (10) feet.

(4)

The maximum width of the main access pier shall be six (6) feet. The minimum width of the main access pier shall be four (4) feet.

(5)

The minimum deck elevation shall be two (2) feet above the normal high-water elevation (NHWE).

(6)

The maximum height of a boat dock and boat house shall be thirteen (13) feet above the normal high-water elevation provided that such height shall not be such as would unreasonably obscure the view of other lakefront owners.

(7)

The boat house shall not exceed two hundred fifty (250) square feet. The roof of the boat house shall have a minimum slope of 2.5:12 (rise: run) and shall not exceed the dimensions of the boat house by more than three (3) feet on any side.

(8)

The maximum area of the terminal platform shall be two hundred fifty (250) square feet.

(9)

Non-conforming boat docks shall comply with the requirements of this section and as set forth in Article VII, non-conforming situations.

(10)

A copy of a legal survey of the property, proof of ownership, application fees, a statement of consent of use of State-owned sovereign lands from the appropriate State regulatory agency, and all applicable State and Federal regulatory agency permits shall accompany the application for building permit for construction of a boat dock. The survey shall include, but not be limited to, the following:

(a)

Legal description, north arrow, scale and name of lake.

(b)

Name of owner and address of property.

(c)

Preparation and revision date.

(d)

Identification of the preparer of the plan.

(e)

Dimensions of the property and locations of all existing and proposed buildings, swimming pools, pool decks, retaining walls, fences, wall easements, and conservation areas.

(f)

Location of boat dock including the distance from the side property lines and the distance between the existing shoreline at the point where the dock is to be constructed and a permanent object such as a house, swimming pool, or pool deck.

(g)

Approximate location of the shoreline.

(h)

Estimated normal high-water elevation and depth of water at the end of the proposed dock.

(i)

Dimensions of the boat dock including the boat house and terminal platform.

(j)

Floor elevation of the proposed dock and terminal platform and floor and roof elevation of the boat house.

(11)

The following uses are prohibited:

(a)

Dredging activities, unless authorized by the appropriate State and/or Federal regulatory agency.

(b)

Revenue generating or income related activities.

(c)

Enclosed non-water dependent structures and/or uses of the dock for non-water dependent purposes.

(d)

Living quarters or fueling facilities.

(e)

Interference with the rights of other persons or property owners to the use of, and access to, the lake.

(f)

Adverse impact, harm or injury to any listed animal or plant species or critical habitat of such species.

(g)

Interference with navigation.

(h)

The impact on wetlands, the shoreline, and littoral vegetation shall be minimized, and shoreline and littoral trees and vegetation shall be preserved to the greatest extent possible.

(i)

The dock shall be designed and constructed to accommodate no more than two (2) motorized vessels or watercraft.

(j)

Benches and boat lockers shall not exceed ninety-six (96) inches in length, thirty-six (36) inches in width or thirty-six (36) inches in height above the decking of a boat dock. No dock shall have more than one (1) bench and one (1) boat locker for each permitted vessel.

(k)

A property owner may clear a maximum of thirty (30) linear feet of the shoreline. The remaining shoreline shall be vegetated with native canopy trees, understory trees, and other vegetation for a minimum landward depth of ten (10) feet from the shoreline. Non-native trees and vegetation shall not be allowed.

(l)

Boat docks, boat houses, and terminal platforms shall not be enclosed with walls or doors.

(m)

Only one (1) boat dock, one (1) boat house or one (1) boat ramp constructed alone or in any combination shall be allowed per lot, parcel or tract abutting a lake, river, or other waterbody.

(n)

Maintenance shall be performed in a timely manner with material of the original type or quality to maintain the original condition.

(J)

Boat Ramps Requirements. All boat ramps shall be constructed in compliance with applicable building codes and according to the following dimensional and use regulations:

(1)

Boat ramps shall have a maximum width of fifteen (15) feet.

(2)

Boat ramps shall have a minimum side yard setback of ten (10) feet.

(3)

Boat ramps shall have a minimum slope of ten (10) degrees and a maximum slope of fifteen (15) degrees.

(4)

Boat ramps shall have a maximum of one (1) lane for the launching and retrieving of trailered, motorized watercraft.

(5)

Boat ramps shall have a wheel stop to prevent the boat trailer from backing off of the boat ramp.

(6)

Non-conforming boat ramps shall comply with the requirements of this section and as set forth in Article VII, non-conforming situations.

(7)

A copy of a legal survey of the property, proof of ownership, application fees, a statement of consent of use of State-owned sovereign lands from the appropriate State regulatory agency, and all applicable State and Federal regulatory agency permits shall accompany the application for building permit for construction of a boat ramp. The survey shall include, but not be limited to, the following:

(8)

Legal description, north arrow, scale and name of lake.

(9)

Name of owner and address of property.

(10)

Preparation and revision date.

(11)

Identification of the preparer of the plan.

(12)

Dimensions of the property and locations of all existing and proposed buildings, swimming pools, pool decks, retaining walls, fences, wall easements, and conservation areas.

(13)

Location of boat ramp including the distance from the side property lines and the distance between the existing shoreline at the point where the ramp is to be constructed and a permanent object such as a house, swimming pool, or pool deck.

(14)

Approximate location of the shoreline.

(15)

Estimated normal high-water elevation and depth of water at the end of the proposed ramp.

(16)

Dimensions and materials of the boat ramp.

(17)

Calculations regarding the amount of fill and excavation that will be required for the construction of the boat ramp.

(18)

A list of materials that will be used to construct the boat ramp.

(19)

Cross section survey depicting slopes, elevations, and depth profiles of the boat ramp.

(20)

The following uses are prohibited:

(a)

Public boat ramps, except for canoe launches.

(b)

Dredging activities, unless authorized by the appropriate State and/or Federal regulatory agency.

(c)

Revenue generating or income related activities.

(d)

Enclosed non-water dependent structures and/or uses of the dock for non-water dependent purposes.

(e)

Living quarters or fueling facilities.

(f)

Interference with the rights of other persons or property owners to the use of, and access to, the lake.

(g)

Adverse impact, harm or injury to any listed animal or plant species or critical habitat of such species.

(h)

Interference with navigation.

(i)

The impact on wetlands, the shoreline, and littoral vegetation shall be minimized, and shoreline and littoral trees and vegetation shall be preserved to the greatest extent possible.

(21)

A property owner may clear a maximum of thirty (30) linear feet of the shoreline. The remaining shoreline shall be vegetated with native canopy trees, understory trees, and other vegetation for a minimum landward depth of ten (10) feet from the shoreline. Non-native trees and vegetation shall not be allowed.

(22)

Only one (1) boat dock, one (1) boat house or one (1) boat ramp constructed alone or in any combination shall be allowed per lot, parcel or tract abutting a lake, river, or other waterbody.

(23)

Maintenance shall be performed in a timely manner with material of the original type or quality to maintain the original condition.

(A)

Exemptions from Special Exception Use Requirements. For purposes of this section and other City regulations, certain commercial-type activities that are customarily functions of the home and that conform to Subsection 5.2(B), criteria, shall be permitted as home-based businesses. These activities and home professions include the following:

(1)

Home-based business.

(2)

Any use pre-empted by State law.

(B)

Criteria. All home-based businesses and those exemptions listed in the preceding section shall meet the following criteria:

(1)

A home-based business shall be conducted in a manner which does not infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units. Specifically:

(a)

Noise, dust, odors, noxious fumes, or vibrations emanating from the premises shall not exceed that which is normally produced by a single dwelling unit.

(b)

No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or which causes fluctuations in line voltage off the premises.

(c)

Any of the above uses outlined in Subsection 5.2(A), exemptions from special exception use requirements, may require a special exception use order if the business generates additional pedestrian or vehicular traffic beyond that normal to the district in which it is located.

(d)

The employees of the business who work at the residential dwelling shall also reside in the residential dwelling, except that up to a total of two (2) employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling.

(e)

No highly explosive or combustible materials shall be used or stored on the premises.

(2)

A home-based business shall not give an outward appearance of, nor manifest characteristics of, a business. Specifically:

(a)

There shall be no outside storage or window display.

(b)

No commercial telephone directory advertising, newspaper, radio or television service shall be used to advertise the location of a home-based business to the general public.

(c)

No home-based business shall cause an increase in the use of any one (1) or more public utilities (water, sewer, electricity, and garbage collection) so that the combined use of dwelling and home-based business purposes exceeds the averages for residences in the neighborhood.

(d)

There shall be no entrance or exit way specifically provided in the dwelling or on the premises for the conduct of the home-based business.

(e)

There shall be no remodeling of the exterior of the building that changes the residential character, nor any visible evidence that the residence also contains an office or business, except for one (1) non-illuminated wall sign not to exceed two (2) square feet if required by State law.

(3)

Revocation of Home-Based Business Permit. The Land Use Administrator, or designee, may void any home-based business permit for non-compliance with the criteria set forth in this section.

(A)

Location Requirements. Bed and breakfast establishments are allowed in those zoning districts as provided in Table 4.3.1 and are defined according to Article XVIII.

(B)

Operational Requirements. A bed and breakfast establishment shall be operated according to the following requirements:

(1)

A City home occupational license and any required State or Federal licenses or registrations shall be obtained prior to commencing operation of a bed and breakfast establishment.

(2)

The resident owner shall keep a current guest register including names, permanent addresses, dates of occupancy, and motor vehicle license of all guests.

(3)

Guest stays shall be limited to thirty (30) consecutive days and no more than sixty (60) days in any one-year period.

(4)

At least one (1) owner of the bed and breakfast establishment shall reside in the bed and breakfast establishment.

(C)

Parking. One (1) off-street parking space shall be provided for each guest bedroom, in addition to two (2) parking spaces for the resident owner. Outdoor parking shall be limited to two (2) spaces in the front of the property unless compatible with the neighborhood and otherwise approved by the City Council. All other parking shall be provided to the side or to the rear of the building. Parking positioned to the rear or side of the structure shall be screened from adjacent property by a five-foot wood or masonry wall or sight obscuring vegetation. Any lighting of parking areas located to the rear or to the side of the building shall be directed away from adjacent properties and the maximum illumine rates shall be determined by the City Engineer. The City may limit the time periods in which such lighting may be activated based on compatibility with adjacent affected property, recreational vehicles, utility trucks, or other similar large vehicles not owned by the resident owner are prohibited from parking overnight on the premises of any bed and breakfast establishment.

(D)

Signs. One (1) small, unlighted, announcement sign may be attached to and parallel with the front of the building, or located as a freestanding sign in the front yard. The freestanding sign shall not exceed a height of four (4) feet. Any sign face shall not exceed three (3) square feet. Sign colors and design shall be compatible with and compliment the building.

(E)

Spacing Requirements. No bed and breakfast establishment shall be located within five hundred (500) feet of another such establishment unless designated as an historic landmark.

(F)

Building Requirements and Restrictions.

(1)

Appearance of House. Rooms used for sleeping shall be a part of the primary residential structure. Primary access to guest bedrooms shall be from an interior hallway or room of the building, unless other access is required for emergency egress. Exterior appearance of the structure shall maintain a single-family character. Any expansion of or room addition to a bed and breakfast establishment requires approval by the City Council.

(2)

Limit on Number of Guest Bedrooms. No more than six (6) guest bedrooms shall be allowed within a bed and breakfast establishment.

(3)

Architectural Requirements. Any room additions or expansion of a bed and breakfast establishment designated as an historic landmark shall be compatible with the existing architectural style of the building.

(G)

Fire Safety and Building Codes. Any building utilized as a bed and breakfast establishment shall comply with fire safety codes and the currently adopted building codes, State energy codes and stated accessibility codes.

(H)

Definition. The definition used for an historic site is consistent with that established in the Comprehensive Plan.

(A)

Temporary Construction/Sales Office or Temporary Residence Permitted with a Building Permit.

(1)

A temporary residence (trailer or similar units) on a non-residential construction site.

(2)

A trailer or similar unit designed for temporary residential occupancy pending the construction, repair, or renovation of the permanent residential building.

(3)

A trailer, mobile home, or similar unit, used as a temporary sales office or other business facility in any district.

(4)

A model home or other permanent structure used as a temporary sales office or business facility. (Any model home that includes alterations to the garage shall be considered a temporary sales office.)

(5)

A building permit may be issued for a single-family residential "model center" which includes a temporary sales office, two (2) model homes and a parking lot constructed on three (3) adjacent lots by one (1) builder.

(6)

Trailers shall only be used for the purposes in which they are approved.

(B)

Building Permit Requirements.

(1)

Site Plan. shall be required during the submission of a building permit application.

(2)

Fees. The application fee for said permit shall be determined by resolution of the City Council.

(3)

Location. Construction trailers shall be located on-site, outside the street right-of-way.

(4)

Safety Standards. The applicant shall demonstrate that all health and safety standards have been met or exceeded.

(5)

Active Permits. The parcel proposed for development is the subject of one (1) or more active construction or building permits.

(6)

Setbacks. The temporary facility shall comply with setbacks according to the requirements of the underlying zoning district regulations.

(7)

Sales Office Landscape. Eighty (80) percent of the area within ten (10) feet of the sales trailer is comprehensively landscaped with small trees (which may be potted), hedges, shrubs and ground covers.

(8)

Permit Expiration and Removal of Temporary Construction Office and Temporary Residence. The building permit shall expire in one (1) year and the unit or use shall be removed immediately. The permit may be extended for one (1) or more six-month periods. The applicant shall demonstrate that the extension is warranted and that there has been no adverse impact on the neighborhood.

(9)

Permit Expiration and Remove of Sales Trailer. Sales trailers shall be removed upon the sooner of:

(a)

If the parcel proposed for development is approved for fewer than fifty (50) dwelling units: one (1) year after installation;

(b)

If the parcel proposed for development is approved for fifty (50) or more dwelling units: eighteen (18) months after installation; or

(c)

Issuance of a certificate of occupancy.

(d)

The permit may be extended for one (1) or more six (6) month periods if it is demonstrated that:

(i)

The project is not sold-out;

(ii)

The sales trailer and associated required landscaping are well-maintained; and

(iii)

Construction is proceeding pursuant to active permits.

(A)

Applicability.

(1)

Status of Existing Towers. All legally existing communication towers existing on July 16, 1997 shall be subject to the provisions of Article VII, non-conforming situations. Routine maintenance shall be permitted on such existing towers. New construction consisting of any enlargement or enhancement of the facility, other than routine maintenance on an existing communication tower shall comply with the requirements of this section. All existing towers shall be subject to Subsection 5.5(L), abandonment.

(2)

All new communication towers and communication antennae in the City of Oviedo shall be subject to this section and all other applicable regulations.

(3)

A communication antenna or tower that has received City approval in the form of either a special exception use order or a development order, but has not yet been constructed, shall be considered an existing tower if such approval is valid, current, and not expired.

(4)

All new communication antennae which are not attached to a communication tower shall comply with Subsection 5.5(E), placement/design of standard communication antennae.

(5)

Amateur radio and two-way private communication towers. This section shall not govern any amateur or two-way private communication tower or antennae. However, any semi-public or commercial antennae placed on such private towers existing as of July 16, 1997 shall be subject to this section. Any amateur or private two-way radio tower or antennae exceeding thirty-five (35) feet are subject to the approval of a special exception use order.

(B)

Permitted Uses and Special Exception Uses. Table 4.3.1 shall set forth the zoning districts allowing the use of communication towers as permitted uses or as special exception uses. In addition to zoning districts shown within the Table 4.3.1, communication towers which are consistent with requirements of this section may be allowed within lands designated for public or recreation uses in a planned unit development master site plan or conceptual development plan upon issuance of a special exception use order. Camouflage communication towers which are consistent with requirements of the LDC are allowed within lands designated for commercial in a planned unit development master site plan or conceptual development plan upon issuance of a special exception use order. However, development agreements approved prior to July 16, 1997 may prohibit the location of communication towers within certain planned unit developments.

(C)

Tower Separation Requirements. For purposes of measurement, communication tower setbacks as listed in the Subsection 5.5(C)(2) and separation distances as listed in the Subsection 5.5(C)(3) shall be calculated and applied to facilities located in the City of Oviedo regardless of municipal and county jurisdictional boundaries.

(1)

Communication tower separation shall be measured from the base of the tower to the nearest property line of off-site uses and/or designated areas as specified in the table set forth in the Subsection 5.5(C)(2).

(2)

Communication Tower Separation from Off-Site Uses/Designated Areas. Separation of towers from adjacent property shall comply with the following:

TABLE 5.5.1: SUMMARY OF MINIMUM SEPARATION FROM ADJACENT USES

(3)

Separation distances between communication towers shall be applicable for, and measured between, the proposed tower and those towers that are existing and/or have received City of Oviedo land use or building permit approval after July 16, 1997. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the base, pursuant to a site development plan, of the proposed tower. The separation distances (listed in linear feet) shall be as follows:

TABLE 5.5.2: SUMMARY OF SEPARATION OF DISTANCES

(D)

Performance Standards.

(1)

Setbacks.

(a)

Communication tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. A minimum setback of five (5) feet is required for the guy lines for a guyed tower.

(b)

Communication towers shall comply with the minimum setback requirements of the district in which they are located.

(c)

Where there is a principal building housing a principal use located on the site, the tower shall be located behind the main building line. All communication towers shall be set back a minimum of fifty (50) feet from an arterial street.

(2)

Height.

(a)

Pole Height. A communication tower shall not exceed two hundred fifty (250) feet in height from ground level. No communication tower/antenna shall exceed one hundred (100) feet in height from ground level unless designed to accommodate multiple users. A camouflage tower shall not exceed one hundred forty (140) feet from ground level unless otherwise approved by a special exception use order.

(b)

Method of Determining Communication Tower Height. Measurement of communication tower height shall include antenna, base pad, and other appurtenances and shall be measured from the average finished grade of the parcel within twenty (20) feet of the base of the tower.

(3)

Illumination. Communication towers shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration, at which time dual mode lighting shall be requested from the FAA.

(4)

Finished Color. Communication towers not requiring FAA painting/marking shall either have a galvanized finish or be painted a non-contrasting blue or gray finish. The color should be selected so as to minimize the equipment's visibility.

(5)

Structural Design. Communication towers shall be constructed to the most current standards published by the Electronic Industries Association (EIA), which may be amended from time to time, and all City construction/building codes. Further, any improvements and/or additions (i.e., antenna, satellite dishes, etc.) to existing communication towers shall require submission of site plans, sealed and verified by a professional engineer, which demonstrate compliance with the EIA standards in effect at the time of said improvement or addition. Said plans shall be submitted to, and reviewed and approved by the City of Oviedo.

(6)

Type of Construction. Communications towers shall be monopole construction. Special design features such as stealth (camouflage) construction may be required by the City Council upon a finding that the visual impact of the proposed construction is incompatible with the character of the surrounding area. Lattice or guyed construction may be approved by the City Council as a special exception use only upon showing that use of monopole or camouflage construction techniques is financially unfeasible.

(7)

Fencing. A vinyl coated (black or green) chain link fence or masonry wall not less than six (6) and no greater than eight (8) feet in height from finished grade shall be provided around each communication tower. Access to the tower shall be through a locked gate. Barbed wire may be permitted through development order review, consistent with Subsection 5.1(D), walls and fences. A solid masonry wall or other wall or fence type may be required through development order review where required for the purpose of appearance and/or land use compatibility pursuant to Article XII, Subsection 12.4(F). The fencing requirements contained herein may be adjusted where development order considerations warrant or where stealth construction techniques are used.

(8)

Landscaping. The visual impacts of a communication tower shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following minimum standards for landscaping and buffering of a communication tower shall be required around the perimeter of the tower and accessory structures, except that the standards may be waived by the City Council for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view and for tower using stealth construction techniques. Landscaping shall be installed on the outside of fences. Further, the use of existing vegetation shall be preserved to the maximum practicable extent and may be used as a substitute or in supplement toward meeting landscaping requirements. The following landscaping shall be provided:

(a)

A continuous landscape screen consisting of canopy trees a minimum of fourteen (14) feet tall and a maximum of twenty-five (25) feet apart shall be planted around the perimeter of the fence;

(b)

A continuous hedge at least thirty (30) inches high at planting capable of growing to at least thirty-six (36) inches in height within eighteen (18) months shall be planted in front of the tree line referenced above;

(c)

All landscaping shall be of the evergreen variety or appropriate variety to provide an opaque screen;

(d)

All landscaping shall be xeriscape compatible or irrigated;

(e)

All landscaping shall be properly maintained to ensure good health and viability.

(9)

Parking. A minimum of one (1) parking space to accommodate maintenance vehicles shall be provided within the fenced area.

(10)

Accessory Buildings and Structures. All accessory buildings or structures less than one hundred (100) square feet shall be set back a minimum of five (5) feet from the rear or side property line, and a minimum of twenty-five (25) feet from the front property line. All accessory buildings or structures exceeding one hundred (100) square feet shall be subject to the principal building setbacks for the applicable zoning district.

(11)

Signage. No sign, symbol or letters shall be placed or painted on a communication tower unless approved or required by the FAA or FCC.

(12)

Design Compatibility. The City Council may include conditions in conjunction with development order approval to ensure design compatibility with the surrounding area.

(13)

Design to Accommodate Co-Location.

(a)

All communication towers more than one hundred (100) feet but not more than two hundred (200) feet in height, except lattice towers, shall be engineered and constructed to accommodate a minimum of one (1) additional communication service provider.

(b)

All communication towers exceeding one hundred twenty (120) feet in height, except lattice towers, shall be engineered and constructed to accommodate a minimum of two (2) additional communication service providers.

(c)

All lattice communication towers, where allowed by the City according to Subsection 5.5(D)(6) shall be engineered and constructed to accommodate a minimum of five (5) additional communication service providers.

(E)

Placement/Design of Standard Communication Antennae. Standard communication antennas include satellite dish, panel or whip antennae. The Land Use Administrator or designee shall determine the classification of the antennae. Within residentially zoned lots, only antennae serving that lot shall be allowed. Semi-public antennae are prohibited on any single-family residential structure or lot.

(1)

The following antennae used for the reception of television broadcast signals, direct broadcast satellite services or multi-channel multipoint distribution services shall comply with this section unless otherwise specifically exempt from such regulations by the regulations promulgated by the Telecommunications Act of 1996; specifically:

(a)

An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one (1) meter or less in diameter;

(b)

An antenna that is designed to receive video programming services via multi-point distribution services, including multi-channel distribution services, instructional television fixed services, and local multipoint distribution services, and that is one (1) meter or less in diameter;

(c)

An antenna that is designed to receive television broadcast signals.

(2)

Satellite Dishes.

(a)

Eighteen (18) inches or less in diameter. No permit is required from the City of Oviedo for the installation of a dish-shaped antenna eighteen (18) inches or less in diameter.

(b)

More than eighteen (18) inches in diameter. Installation of a satellite dish and/or antenna greater than eighteen (18) inches in diameter within any district within the City shall require the granting of a special exception use order approved by the City Council except as otherwise allowed herein. Any satellite dish/antenna which is not attached to a communication tower shall be a permitted accessory use in any commercial, industrial, office or institutional zoning structure, provided:

(i)

The dish is located on the roof of the building and does not exceed more than twenty (20) feet above the highest point of the building or twenty (20) percent of the building height, whichever is less;

(ii)

The dish/antenna is set back from the roof edge ten (10) feet or ten (10) percent of the roof depth, whichever is greater;

(iii)

The communication antenna complies with all applicable FCC and FAA regulations;

(iv)

The communication antenna complies with all applicable building codes;

(v)

The dish is not visible from the public street; and

(vi)

Any support equipment located on the ground shall be placed inside a principal building or an accessory building or structure and comply with Subsection 5.5(D)(10). A development permit shall be required for any accessory building or structure.

(3)

Panel Antennae.

(a)

Two (2) square feet or less. No permit is required from the City for the installation of a panel antenna equal to or less than two (2) square feet.

(b)

More than two (2) square feet. Installation of a panel antenna greater than two (2) square feet within any district within the City shall require the granting of a special exception use order approved by the City Council except as otherwise allowed herein. Any panel which is not attached to a communication tower shall be a permitted accessory use in any commercial, industrial, office or institutional zoning structure, provided:

(i)

The antenna does not exceed more than twenty (20) feet above the highest point of the structure or twenty (20) percent of the structure height, whichever is less;

(ii)

Where located on the roof of a building, the antenna is set back from the roof edge ten (10) feet or ten (10) percent of the roof depth, whichever is greater;

(iii)

Where located on the side of a building, a building façade, or structure, the antennae shall not exceed fifteen (15) square feet, shall be camouflaged by having a finished color similar to that appearing on the wall of the building or structure, and shall not extend more than three (3) feet from the wall of the building or structure;

(iv)

The communication antenna complies with all applicable FCC and FAA regulations;

(v)

The communication antenna complies with all applicable building codes; and

(vi)

Any support equipment located on the ground shall be placed inside a principal building or an accessory building or structure and comply with Subsection 5.5(D)(10). A development permit shall be required for any accessory building or structure.

(4)

Whip Antennae. No permit is required from the City for the installation of a whip antenna on residentially zoned property, except that a special exception use order shall be approved if the height exceeds thirty-five (35) feet. Any whip antennae which are not attached to a communication tower shall be a permitted accessory use to any commercial, industrial, office or institutional structure, provided:

(a)

The antenna does not exceed more than twenty (20) feet above the highest point of the building or twenty (20) percent of the building height, whichever is less; and

(b)

Where located on the roof of a building, the antenna is set back from the roof edge ten (10) feet or ten (10) percent of the roof depth, whichever is greater; and

(c)

The communication antenna complies with all applicable building codes.

(d)

Any support equipment located on the ground shall be placed inside a principal building or an accessory building or structure and complies with Subsection 5.5(D)(10). A development permit shall be required for any accessory building or structure.

(F)

Communication Tower Antennae. A special exception use order is not required for any antennae placed upon an approved communication tower so long as the following standards are met:

(1)

The communication antenna complies with all applicable FCC and FAA regulations.

(2)

The communication antenna complies with all applicable building codes and is issued a building permit.

(3)

Antennae installed on a communication tower shall not horizontally extend more than fifteen (15) feet from the tower pole or lattice structure.

(G)

Co-Location of Communication Antennae. To minimize adverse visual impacts associated with the proliferation and clustering of communication towers, co-location of communication antennae by more than one (1) carrier on existing or new communication towers, or existing qualifying buildings and structures shall take precedence over the construction of new single-use communication towers as follows:

(1)

Proposed communication antennae may, and are encouraged to, co-locate on to existing communication towers, buildings and structures. Provided such co-location is accomplished in a manner consistent with Subsections 5.5(G)(2) and (G)(5) for towers, and Subsection 5.5(D) for buildings and structures, then such co-locations are permitted by right and new or additional special exception use or development order approval shall not be required.

(2)

Type of Construction. A communication tower which is modified or reconstructed to accommodate the co-location of an additional communication antenna shall be of the same tower type as the existing communication tower or as a standard monopole tower.

(3)

Height. An existing communication tower may be modified or rebuilt to a taller height, not to exceed twenty (20) feet over the tower's original height for each co-location opportunity, to accommodate the co-location of an additional communication antenna.

(a)

The height change referred to in this subsection may only occur one (1) time per communication tower.

(b)

The additional height referred to in this subsection shall not require an additional distance separation as set forth in either Subsections 5.5(C)(2) or (C)(3). The communication tower's pre-modification height shall be used to calculate such distance separations.

(4)

On-Site Location. A communication tower which is being rebuilt to accommodate the co-location of an additional communication antenna may be moved on-site within one hundred (100) feet of its existing location; however, the antenna shall meet the setback requirements in Subsection 5.5(D)(1). After the communication tower is rebuilt to accommodate co-location, only one (1) tower may remain on the site.

(5)

A relocated on-site communication tower shall continue to be measured from the original tower location for purpose of calculating separation distances between communication towers pursuant to Subsection 5.5(C)(3). The relocation of a tower in accordance with this subsection shall in no way be deemed to cause a violation of Subsection 5.5(C)(3).

(H)

Location of Communication Towers on City-Owned Property. Notwithstanding any of the foregoing provisions of this section, if a communication tower is to be located on city-owned property the tower shall in all cases be subject to all permit requirements and approval processes.

(I)

Review of Communication Towers.

(1)

Special Exception Use Review. All communication towers requiring special exception use review shall be subject to the requirements of this section and Article III in addition to the requirements set forth below. The following information shall be submitted:

(a)

An inventory of all communication towers located in Oviedo and within one (1) mile from the City which are under the applicant's control and/or are being used by the applicant. Information on each tower listed shall include:

(i)

The type of tower of structure;

(ii)

The height of the tower including antennas;

(iii)

Latitude and longitude location;

(iv)

Street address;

(v)

Indication whether the site is co-located and if so, with whom; and

(vi)

The type(s) of service(s) accommodated on the tower.

(b)

A copy of the recorded memorandum of lease evidencing co-location, if such memorandum exists.

(c)

For all special exception use and/or deviation requests, the applicant shall provide the radio frequency (RF) search ring used to determine the location of the applicant's request. In addition, the applicant shall supply documentation that every other parcel within the applicant's search ring has been reviewed and, where appropriate, contacted and that the application parcel is the most feasible parcel upon which to locate the tower. The applicant shall provide adequate documentation to substantiate the applicant's determination of feasibility.

(d)

The applicant shall submit a recordable agreement acceptable to the City Attorney that provides the following:

(i)

For co-location facilities, a condition that the owner of the tower, and its heirs or successors, shall cooperate in good faith with other service providers to allow the co-location of additional service providers on the communication tower, and that the tower shall be designed and constructed to accommodate other service providers.

(ii)

The agreement shall require the applicant to provide a twenty-year performance bond acceptable to the City Manager and the City Attorney which shall be posted with the City in an amount sufficient to remove the tower structure upon abandonment. The amount of the performance bond will be determined based upon the cost associated with the demolition and removal of the tower according to its type and height.

(iii)

Unless otherwise evidenced within a recorded memorandum of a lease, the agreement shall specify that the owner of the tower shall be responsible for all costs of dismantling and removal, and in the event an abandoned tower is not dismantled and removed within the time required hereunder, the City may proceed with the dismantling and removal.

(iv)

The agreement shall be executed and recorded prior to the issuance of a building permit for the tower.

(e)

A master plan identifying the number, type and potential location of future communication towers sought by the applicant within the City of Oviedo as well as within one (1) mile of the City limits to meet customer demand anticipated for the two-year period from the application date. This requirement shall be waived when an application proposes to construct a tower designed for co-location of multiple antennae.

(2)

Site Development Review. All communication tower development applications shall comply with the requirements of Article III. All communication towers will require a development order. In addition to the submittal requirements contained therein, the following information shall be required:

(a)

Documentation of compliance with separation requirements of Subsections 5.5(C)(2) and (C)(3). The applicant shall indicate the exact distance, location, and identification of other communication towers within a two (2) mile radial distance on an updated tax map. The applicant shall also identify the type of construction of the existing communication tower(s) and the owner/operator of the existing tower(s), if known.

(b)

Drawings showing elevation of the proposed communication tower, indicating the finished color and, if applicable, the method of camouflage and illumination.

(c)

Site development plans, landscape plans, or other information showing compliance with the performance standards outlined in Subsection 5.5(D).

(d)

A statement by the applicant as to how construction of the communication tower will accommodate co-location of additional antennae for future users.

(e)

An agreement as stipulated consistent with the requirements of Subsection 5.5(I)(1)(d), unless otherwise provided with a special exception use order.

(3)

Building Permit. A building permit shall be required for construction of all new communication towers and communication antennae, unless otherwise exempted herein.

(J)

Public Notice. For purposes of this section, any special exception use request, deviation request, or appeal of the Land Administrator's decision regarding this section shall require public notice to all property owners within five hundred (500) feet.

(K)

Inspection of Towers. An inspection of the structural condition of a tower shall be conducted annually by a registered engineer or architect or within thirty (30) days written request by the City Engineer or Building Official. The annual inspection shall include a written report, sealed by the engineer or architect, and filed with the City prior to May 1st of each year. If tower construction is completed within six (6) months of May 1st, then a report does not have to be submitted for that year. The report shall include documentation by the engineer or a letter from the FCC acknowledging that the antennae operate at the approved FCC transmission levels.

(L)

Abandonment. In the event the use of any communication tower has been discontinued for a period of one hundred eighty (180) consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Land Administrator who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have an additional one hundred eighty (180) days in which to:

(1)

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

(2)

Dismantle and remove the tower.

(M)

Communication Facilities located in Public Rights-of-Way.

(1)

A person may be authorized to place or to maintain communication facilities, including but not limited to, small wireless facilities, micro wireless facilities, and utility poles for collocation of small wireless facilities, fiber, coaxial cable, and backhaul facilities in the public rights-of-way of the City. This Subsection (M) shall apply to all facilities for communications services placed or maintained in the City's public rights-of-way pursuant to F.S. § 337.401, as amended, including, but not limited to, any person holding a certificate of franchise authority pursuant to F.S. § 610.103, communications services providers, pass-through providers, and wireless providers.

(2)

Rules or regulations imposed by the City relating to providers of communications services placing or maintaining communications facilities in its roads or rights-of-way shall be generally applicable to all providers of communications services, to the extent federal or Florida law does not require different treatment. Florida law requires that the City's rules and regulations take into account the distinct engineering, construction, operation, maintenance, public works, and safety requirements of the provider's facilities. Wireless support structures, telecommunications towers and other wireless facilities, including but not limited to an antenna that is not part of a small wireless facility or micro wireless facility, shall not be allowed to be placed or maintained in the public rights-of-way, to the extent not inconsistent with applicable law.

(3)

This Subsection (M) shall not apply to wireless facilities owned by the City or to a person, including an owner of electric utility poles for an electric distribution system located within the City's public rights-of-way pursuant to a valid franchise agreement with the City, to the extent such facilities are utilized solely on an internal, non-commercial basis by said person. However, collocation of small wireless facilities on such utility poles and any other utility poles placed or maintained by a City franchised utility in the public rights-of-way will be governed by the applicable provisions of this Section or by the applicable Florida Law. Ordinances approving a franchise agreement with an electric utility shall remain in full force and effect, notwithstanding any provision of this subsection.

(4)

This Subsection (M) implements F.S. § 337.401, as amended, including the Advanced Wireless Infrastructure Deployment Act, F.S. § 337.401(7), and adopts the definitions set forth therein. In the event the Advanced Wireless Infrastructure Deployment Act, F.S. § 337.401(7), is repealed, amended, or overturned by a court of competent jurisdiction, or preempted by applicable federal law, in whole or in part, provisions of this Subsection (M) may no longer apply, in which case pending and future applications for small wireless facilities, communications facilities or utility poles intended to support the collocation of small wireless facilities in the public rights-of-way, will be governed by other provisions set forth in this section and by applicable law.

(5)

This Subsection (M) shall be applicable to all communications facilities placed in the public rights-of-way on or after November 18, 2024 ("effective date"), all pending applications for permits subject to this Subsection (M) and shall apply to all existing communications facilities placed in the public rights-of-way prior to the effective date to the full extent permitted by Florida and federal law. A person with existing communications facilities in the public rights-of-way shall comply with the registration, bond and other applicable requirements of this Subsection (M) and Florida and federal law by the earlier of the following: within ninety (90) days after the effective date or prior to the issuance of a permit pursuant to this Subsection (M). This provision is not intended to require the removal or alteration of existing communications facilities placed or maintained in the public rights-of-way pursuant to a previously issued permit or otherwise lawfully installed prior to the effective date unless such facilities are abandoned or otherwise required to be altered or removed by the City Manager, or pursuant to enforcement of this subsection or applicable law.

(N)

Expiration. Any development order approval for the tower shall automatically expire one hundred eighty-one (181) days from the date of abandonment without reactivation or upon completion of dismantling and removal, whichever is first.

(A)

Scope and Permitted Uses.

(1)

This section shall apply to convenience stores, with fuel stations. Zoning and other applicable regulations not provided in this section shall apply for the zoning district in which the convenience store is located.

(2)

Permitted uses in convenience stores with fuel stations are indoor retail sales of food, beverage and incidental household items for consumption off-premises. Retail fuel sales are permitted. No repair of automobiles, sales of tires, batteries or automobile accessories are permitted at a convenience store with fuel stations.

(3)

Car wash facilities may be approved as an accessory use at a convenience store with fuel stations, subject to the following conditions:

(a)

The car wash facility shall be enclosed and automated.

(b)

Water used in the car wash facility shall be mechanically recycled;

(c)

The car wash facility shall have a separate entrance and exit and shall not be of a type that permits a vehicle to pull in and back out;

(d)

The entrance and exit to the car wash facility shall be screened;

(e)

Parking spaces for the carwash facility shall be provided on-site in accordance with Table 13.1.1 Number of Parking Spaces. This shall be in addition to the number of parking spaces required by the convenience and fuel sales areas;

(f)

Adequate vehicle stacking and circulation shall be provided on-site, in such a manner as to not be in conflict with the circulation, parking, access or egress of the principal on-site uses.

(g)

Landscaping and screening of car wash buildings shall be as provided in Article XII, landscaping, tree planting and buffer requirements.

(B)

Distance between Convenience Stores with Fuel Stations. There shall be a minimum separation distance of six hundred sixty (660) feet, as determined by the shortest airline distance between the nearest two (2) plots of land occupied or to be occupied for convenience store purposes. This distance may be reduced to one hundred (100) feet if the convenience stores are located along a thoroughfare divided by a median strip, provided that the convenience stores are located along traffic lanes going in the opposite direction. In no case shall there be more than two (2) convenience stores constructed at any one (1) intersection.

(C)

Outdoor Displays. Outdoor displays of merchandise or promotional items shall be prohibited.

(D)

Utility Connections. All convenience stores with fuel stations shall be served by public sewers prior to occupancy of the building.

(A)

Required.

(1)

No alcoholic beverages shall be manufactured, distributed or sold within the City, except by a person, business or establishment holding a valid alcoholic beverage license issued by the Florida Department of Business and Professional Regulation permitting the sale of such beverages.

(2)

Each license shall be valid and operative for only the place of business described in the license, and no alcoholic beverages shall be permitted to be sold except at such place consistent with the State license.

(B)

Application. A person, business or establishment proposing to manufacture, distribute, or sell any alcoholic beverages within the City shall provide evidence that he/she/it holds, or will hold a valid and current State alcoholic beverage license and shall demonstrate compliance with this LDC.

(C)

Classifications.

TABLE 5.7.1: ALCOHOL PERMIT CLASSIFICATIONS

(D)

Approval Authority.

(1)

The Land Use Administrator, or designee, may approve Class I, II, III and IV businesses or establishments. If a Class I, II, III or IV business or establishment is denied by the Land Use Administrator, or designee, the business or establishment may file a written appeal to the City Council.

(2)

The City Council may approve, by majority vote Class V businesses and establishments, subject to the distance requirements in Subsection 5.7(E), distance requirements. In determining whether a Class V business or establishment is in the general welfare of the City, the Council shall consider at least the following:

(a)

Land Use Compatibility and Conformance with this LDC. The proposed business or establishment shall conform to the general character of the surrounding area and with the requirements of this LDC.

(b)

Access and Parking. The proposed site where the business or establishment is proposed to be located shall have safe and adequate access and sufficient parking.

(c)

Existing Number of Similar Businesses or Establishments. There shall be no more than one (1) Class V business or establishment for every two thousand five hundred (2,500) residents.

(E)

Distance Requirements.

(1)

There shall be no Class V business or establishment within one thousand (1,000) feet of any other Class V business or establishment unless the City Council finds that such use would be appropriate at the location and approves such business or establishment at that location, unless approved as an incidental use to a bona fide restaurant seating not less than forty-five (45) patrons.

(2)

No Class II or V business or establishment shall operate or be located within five hundred (500) feet of a public school or private school as defined by F.S. § 1003.01, or its successor provision(s).

(3)

The distances required in this section shall be measured according to the shortest distance from property line to property line except for uses located within shopping centers as permitted by the LDC which uses shall be subject to the provisions of Subsection 5.7(E)(1) and which distances, within the shopping center, shall be measured by the shortest practicable distance traveled by a pedestrian from the entrance of the business to the entrance of the other use to which the separation applies.

(4)

Whenever a Class II or Class V business or establishment has been approved for a specific location, and thereafter a church or school is established, the establishment of the school or church shall not be cause for revocation of the classification of the existing Class II or Class V business or establishment.

(F)

Incidental Uses.

(1)

Class III businesses or establishments may be permitted as an incidental use or activity in an approved establishment where the primary or principal use of such establishment is recreational, sports, amusement, entertainment, and personal services (including massage and cosmetology services) as well as limited retail uses (including restaurants) as determined by the Land Use Administrator, or designee, and provided that such establishment is compliant with all applicable City codes, ordinances and policies.

(2)

Class IV and Class V businesses or establishments may be permitted as an incidental use or activity in an approved bona fide restaurant seating not less than forty-five (45) patrons.

(G)

Compliance with State Licensing Requirements and Regulations. All businesses holding a certificate under this article shall comply with the regulations and licensing requirements of the State.

(H)

Conduct of Business and Maintenance of Premises. All businesses holding a certificate under this article shall be conducted in an orderly manner and not allowed to become a nuisance in any respect; shall be kept in a clean and sanitary condition; and shall be subject to inspection at all reasonable hours.

(I)

Fee. The City Council shall establish by resolution any fees for certificates under this article.

(J)

Revocation. Upon cause being shown by competent and substantial evidence, the City Council may revoke a certificate issued under this article after notice to the business and a public hearing before the Council if such hearing is requested.

(A)

Unless specifically permitted by Table 4.3.1, with the approval of a site plan, development order, development agreement, special event permit or other appropriate approval by the Land Use Administrator, or designee, or the City Council, the outdoor display or storage of any item related to retail sales and services, miscellaneous business and services, commercial amusements, wholesale, storage or manufacturing activities or any other use similar in type or nature, regardless as to whether conducted for profit or not, is prohibited and unlawful.

(B)

Drop-off boxes for the collection of donated clothing, furniture and miscellaneous items, whether owned or maintained by private business ventures or by charitable organizations are activities which are hereby found to be outdoor display or storage and such activities are prohibited and unlawful on public or private property unless permitted in accordance with Subsection 5.8(A).

(C)

Use of a camping trailer, recreational vehicle, semi-trailer, trailer, travel trailer, truck camper, truck trailer, single unit truck or motor home, for storage purposes on any lot or premises in the City is prohibited and unlawful unless in accordance with Subsection 5.8(A).

(D)

Portable storage units that are designed to be delivered to and removed from premises as shipping containers or other appropriate purposes are allowable as a means of temporary storage associated with a move or relocation within any residentially zoned districts within the City for a time period not to exceed fifteen (15) days in any calendar year unless specifically approved as an authorized temporary use for a longer period of time by the Land Use Administrator, or designee, or City Council. Portable storage units that are designed to be delivered to and removed from premises as shipping containers or other appropriate purposes are allowable as a means of temporary storage within any commercial, industrial, or commercial mixed-use zoning district within the City for a time period not to exceed ninety (90) days in any calendar year unless specifically approved as an authorized temporary use for a longer period of time by the Land Use Administrator, or designee, or City Council. Portable storage units shall be placed on a durable, all-weather surface, and shall not be located in any fire lanes, adjacent to fire hydrants or fire department connections, pedestrian ways, or parking spaces required to meet the minimum standards for the site.

(A)

Electrical Substations. Distribution of electric substations as defined by F.S. § 163.3208(2), shall abide by standards for substation siting in accordance with F.S. § 163.3208(3), and the standards set forth in F.S. § 163.3208(4) shall apply.

(1)

Electric substations shall provide for year-round visual screening and buffering which minimize adverse impacts on surrounding properties, as deemed appropriate by the Land Use Administrator, or designee. A landscape and buffering site plan prepared by a registered landscape architect shall be provided which addresses visual, light and sound intrusion into the neighboring properties.

(2)

Screening and setbacks for electrical substations shall be consistent with permitted uses in the zoning districts in which they are sited.

(3)

Electric substations shall be prohibited in the conservation future land use categories.

(A)

Intent. Accessory dwelling unit standards are intended to add accessory units to meet the changing needs of community members over a lifetime; to provide affordable housing within the City; to protect property values; and to preserve the residential character of neighborhoods.

(B)

Standards. Accessory dwelling units shall conform to the following requirements:

(1)

Accessory dwelling units shall be built at the same time or after the principal dwelling unit.

(2)

Accessory dwelling units are prohibited on any lot containing more than one (1) dwelling unit or on any non-conforming lot. Multiplexes constructed in separate structures on a single lot will not be considered accessory dwelling units.

(3)

Only one (1) accessory dwelling shall be permitted per lot.

(4)

Lots on which an accessory dwelling unit is located shall not be split and accessory units shall not be sold fee simple.

(5)

Accessory dwelling units' locational requirements shall follow the accessory structure standards set forth in Section 5.1, accessory structures.

(6)

The maximum height of the accessory dwelling unit shall be the same as the maximum permitted height of the principal structure.

(7)

The maximum square footage of an accessory dwelling unit shall be the lesser of one thousand (1,000) square feet or the fifty (50) percent of the square footage of the principal structure.

(8)

No additional on-site parking is required for an ADU up to five hundred (500) square feet. One (1) on-site parking space is required for an ADU more than five hundred (500) square feet in addition to the parking spaces required for the principal structure.